A federal judge has ordered Missouri to pay more than $156,000 in legal fees incurred by Planned Parenthood Great Plains (PPGP) in their lawsuit to halt the state Department of Health and Senior Services' (DHSS) effort to revoke the organization's license, the AP/Southeast Missourian reports (Suhr, AP/Southeast Missourian, 8/8).
Background
Under Missouri law, abortion clinics are required to meet ambulatory surgical center requirements. To meet those requirements, physicians who provide surgical abortions must have admitting privileges with a nearby hospital.
In 2014, University of Missouri Health Care granted "refer and follow" privileges to Colleen McNicholas, a physician who began providing medication abortions at the clinic on Aug. 3, 2015.
In August 2015, conservative state senators and the health department director in Missouri debated at a hearing whether the clinic met state licensing requirements when it received its license in July 2015. During the hearing, state Sen. Kurt Schaefer (R) said the clinic failed to meet the ambulatory surgical center standards because the clinic's abortion provider does not have admitting privileges. However, Gail Vasterling, director of DHSS, said the standard does not apply because the clinic only provides medication abortions, not surgical abortions. Physicians at the clinic or the clinic itself would need to obtain admitting privilege requirements only if the clinic started to offer surgical abortion.
Following a unanimous vote by a committee of executive staff, MU Health Care announced that it would cease refer and follow privileges, which permit physicians to provide medication abortions, beginning Dec. 1, 2015.
The Columbia clinic on Nov. 23, 2015, stopped offering abortion care in anticipation of McNicholas losing her privileges. MU interim Chancellor Hank Foley said he would support MU Health Care's decision to end refer and follow privileges. McNicholas currently is seeking other privileges at MU Health Care.
In December 2015, U.S. District Judge Nanette Laughrey issued a ruling that blocks DHSS from revoking the clinic's license until the lawsuit over the clinic's licensure is resolved. In her ruling, she stated that PPKM was subject to unfair treatment because it provides abortion care, and that revoking the clinic's license would cause irreparable harm.
In May, following an appeal by the Missouri Attorney General's office, Laughrey ruled that Missouri may not revoke the license of a Planned Parenthood clinic prior to its expiration in June, saying the state's move to revoke the license likely was motivated by "political pressure" (Women's Health Policy Report, 5/13).
Latest developments
Last week, Laughrey ruled that DHSS must pay PPGP $156,631 in attorney's fees and expenses. In addition, Laughrey rejected a request from state officials to amend her May decision.
Laura McQuade, president and CEO of PPGP, said the ruling was "additional confirmation that Planned Parenthood's equal-protection rights were violated by the state of Missouri." She noted that the outcome was "heartening, and a reminder that the law will hold accountable those who seek to block women from accessing safe, legal abortion."
Separately, a spokesperson for the state attorney general's office said the state is reviewing Laughrey's latest decision (AP/Southeast Missourian, 8/8).
